sec.44Effect of variation

### sec.44 Effect of variation This section applies if the chief executive decides to vary how the provision applies to the building work. Subject to any appeal against the chief executive’s decision, the provision, as varied by the decision, applies to the building work. An assessment manager must not refuse to approve a building development application to which the chief executive’s decision relates only on the ground that the building work does not comply with the provision without the variation. s 44 prev s 44 sub 1978 No. 47 s 16 om 1998 No. 13 s 13 pres s 44 ins 2006 No. 36 s 5 (sec.44-ssec.1) This section applies if the chief executive decides to vary how the provision applies to the building work. (sec.44-ssec.2) Subject to any appeal against the chief executive’s decision, the provision, as varied by the decision, applies to the building work. (sec.44-ssec.3) An assessment manager must not refuse to approve a building development application to which the chief executive’s decision relates only on the ground that the building work does not comply with the provision without the variation.